M. F. BAUGHER, AS RECEIVER, APPELLANT,
v.
MARY COHEN ET AL., APPELLEES

Fla. | 1929-12-07
Strum and Buford, J. J., concur., Terrell, C. J., and Ellis and Brown, J. J., concur in the opinion and judgment.
98 Fla. 1081 Florida Supreme Court (1929) Positive Treatment
Cited by 4 cases
Opinion of the Court
Whitfield, P. J.

Whitfield, P. J.

This appeal is from an order sustaining a plea that the suit in equity to enforce a material-man’s lien, was not brought within twelve months from the furnishing of the materials as required by Section 5393, Comp. Gen. Laws 1927. The material was furnished on and prior to September 3, 1926, and the bill of complaint was filed September 2, 1927, though process was not served until afterwards. A chancery suit to enforce a material-man’s lien is "brought” when the bill of complaint is duly filed by the clerk. See Thebaut and Glazier v. Canova et al., 11 Fla. 143, text 165.

Reversed. .

Strum and Buford, J. J., concur. Terrell, C. J., and Ellis and Brown, J. J., concur in the opinion and judgment.

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Citator

Cited By

  • Wakeman Griffin Gribbel v. Henderson, 151 Fla. 712 (Fla. 1942)
    …filing of the bill of complaint with exhibits having reference to property that may be subjected to the processes of the court. See 50 C.J. p. 507; Reed v. Reed, 64 A.L.R. 1384, text 1390; Thebaut v. Canova, 11 Fla. 143, text 165; Baugher v. Cohen, 98 Fla. 1081, 124 So. 813; 19 Am. Jur. p. 169, Sec. 200; Geary v. Geary, 108 A.L.R. 1293. [*725] On petition of the four director-trustees, individually, counsels’ brief states that “the sole and only question to be determined upon petitioners’ application for w…
  • Drake Lumber Co. v. Semple, 100 Fla. 1757 (Fla. 1930)
    …aimants, this was not done- in this case. It might be that if the Drake Lumber Company had filed its cross-bill fully setting up its claim within the year, it would have been a sufficient compliance with the statute. In the case of Baugher v. Cohen, 98 Fla. 1081, 124 So. R. 813, it was held that a chancery suit to enforce a materialman’s claim is “brought” when the complaint is duly filed with the clerk. In Booker & Co. v. Leon H. Watson, Inc., 96 Fla. 671, 123 So. R. 837, it was held that if it develops th…

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